U.S. v. DELUCA

No. 00-1442.

269 F.3d 1128 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Frank Lawrence DeLUCA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 25, 2001.


Attorney(s) appearing for the Case

Sean Connelly (James R. Boma, Thomas L. Strickland and Richard T. Spriggs, on briefs), Office of the U.S. Attorney, Denver, Colorado, for Plaintiff-Appellant.

Laura B. Alms (and Jody C. Reuler, on the brief), Denver, Colorado, for Defendant-Appellee.

Before SEYMOUR, McWILLIAMS, and KELLY, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

The government appeals from the district court's order suppressing methamphetamine that gave rise to a conspiracy charge against Defendant-Appellee, Frank Lawrence DeLuca. We have jurisdiction pursuant to 18 U.S.C. § 3731, and we reverse.

Background

Mr. DeLuca was indicted on three drug-related counts: one count of conspiracy to possess more than 50 grams of actual methamphetamine with intent to distribute...

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